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WEDNESDAY, JANUARY 18, 2017• T H I S D AY
NEWSXTRA
Fani-Kayode’s Lawyers Refuse to Cross-examine Witness Query court’s jurisdiction
Laleye Dipo in Minna The ongoing trial of the former Minister of Aviation, Mr. Femi Fani-Kayode, facing charges bordering on money laundering before a Federal High Court in Lagos resumed yesterday with the defence counsel declining to cross-examine a prosecution witness. The former minister, also a former Director of Media and Publicity of the Peoples Democratic Party (PDP) presidential campaign committee, was arraigned alongside a former Minister of State for Finance, Senator Nenadi Usman, on a 17-count charge of laundering about N4.6billion. They were charge along with Yusuf Danjuma, a former National Chairman of the Association of Local Government of Nigeria (ALGON) and exChairman of Kagarko Local Government Area of Kaduna State. Also charged is a company, Jointrust Dimentions Nigeria Ltd which is said to belong to Danjuma. They had all pleaded not guilty. The 17-count charge borders on conspiracy, unlawful retention of crime proceeds and money laundering. At the resumed hearing of the case yesterday, the prosecutor, Mr. Rotimi Oyedepo, concluded his examination-in-chief for the first prosecution witness (Pw1). The witness, Mr. Idowu Olusegun, is a media consultant carrying on business under the name and style of Paste Posters Company Ltd. He began his testimony on October 21, 2016, and had informed the court how sums
of monies were paid to him in cash for the printing of posters and flyers by the office of the Director of the PDP Campaign Organisation. Invited into the witness box yesterday, the witness informed the court that receipts were issued for monies paid to him for printing jobs. The prosecutor then requested for exhibit P4 and P5 (cash receipts) from the court and gave same to the witness, and requested to know how much was paid to him by the office of the Director, PDP Campaign Organisation. The witness told the court that he received payments in the sum N6 million and N24 million adding that all payments were made in cash to him. After his testimony, Oyedepo told the court that he was done with his questions for PW1. The court then asked if there were cross-examinations for the witness. At this point, counsel to the second accused, Mr Abiodun Owonikoko (SAN), told the court that in light of pending applications before the court which mainly are jurisdictional in nature, the provisions of sections 295 of the Constitution ought to be considered. According to him, the stage was ripe to request for hearing of his pending application dated November 11, 2016, seeking severance of the criminal charge of the accused. Owonikoko said his brought an application pursuant to the provisions of sections 45 (1), and 49 (1) of the Federal High Court Act, as well as the provisions of sections 209 of the Administration of Criminal Justice Act. He said he was concerned
Osinbajo Leads Nigeria’s Delegation to World Economic Forum in Davos Tobi Soniyi in Abuja
are members of the Nigerian delegation would also feature. Vice President Yemi Osinbajo The yearly forum which (SAN) is leading Nigeria’s draws together governmental delegation to this year’s World and business leaders around Economic Forum holding this the world to discuss economic week in Davos, Switzerland. issues and review developments, A statement by the Senior is normally composed of such Special Assistant to the panel discussions, country/ Vice President on Media continent-specific themes and and Publicity, Mr. Laolu other subjects. Akande, said Osinbajo departed Akande said apart from he Abuja early yesterday and was session on Business in Nigeria, expected back on Friday. the vice president would He said the Nigerian feature in a number of other delegation included ministers discussions alongside world and special advisers. leaders including presidents Those on the trip are the and prime ministers. Minister of Industry, Trade and He said: “Osinbajo will Investment, Dr. Okey Enelamah, be discussing on the theme Minister for Agriculture and Building Africa with Rwandan Rural Development, Chief Audu President Paul Kagame and the Ogbeh and Minister for Water Prime Minister of Ethiopia Mr. Resources, Suleiman Adamu. Hailemariam Dessalegn, among The Special Adviser on others. The Vice President Economic Matters to the would also feature on a panel President, Dr. Adeyemi Dipeolu discussion on Terrorism. is also on the delegation. “While in Davos, the vice Akande said Osinbajo would president will hold meetings lead a discussion on Business with some of the global in Nigeria, where ministers companies and other leaders from the Federal Cabinet who attending the forum.”
with the joint trial of the first and second accused as well as the choice of Lagos as venue in a matter which he said had nothing to do with Lagos. He argued that since the court had acknowledged the existence of pending applications, it would amount to an “anticipatory” refusal by the court, of the application of the second defendant. Owonikoko also said this was particularly so, because he had made a clear case that fair hearing cannot be achieved in a joint trial between the first and second accused. He noted that it was so tedious for his client to come from Abuja to Lagos on every adjourned date and spend not
less than three days in Lagos, especially with all accounts frozen. Citing the authority of Bamaiyi vs State, he stressed the need to hear his application to severe the trial of the defendants, adding that where same is refused, then it will become a proper subject for reference to the appellate court. He, therefore, urged the court to adjourn the case for hearing and determination of pending applications. On his part, counsel to the first accused, Mr. Norrisson Quakers (SAN), aligned himself with the submissionsofOwonikokoandurged the court to first hear applications touching on jurisdiction before proceeding. According to Quakers, “My
own application is even weightier as it challenges the jurisdiction of the court, and the law is trite that once such issues are raised, it must be determined one way or the other.” He argued that owing to the nature of his application, he cannot commence cross-examination of the witness until the legal issues raised are determined. Quakers said to cross-examine the witness would mean submitting to jurisdiction which from all indication, is in issue. He urged that a date be issued for hearing of all pending applications. Counsel to the third accused, Mr. S.I Ameh (SAN), also aligned himself with the submissions of his brothers silk.
In response, the prosecutor objected to the prayers of defence counsel, stressing that he was taken aback. He argued that all applications can be taken together and the court afterwards defers its ruling. Oyedepo also argued that the accused had submitted to the jurisdiction of the court having pleaded to the charges. He said it was a clear case of volenti non fit injuria (voluntary assumption of risk), and urged the court to make progress. After listening to the counsel, Justice Muslim Hassan adjourned the case to January 18 for ruling. In the charge, the accused were alleged to have committed the offences between January and March 2015.
Senate C’ttee Warns FG against Sustained Abandonment of Projects of Previous Governments Omololu Ogunmade in Abuja The Senate Committee on Federal Capital Territory (FCT) yesterday told the federal government to avoid its habit of wasteful spending by desisting from the attitude of abandoning developmental projects and policies of the previous administrations. Instead, the committee advised the administration of President Muhammadu Buhari to deliberately ensure the continuation and sustenance of policies, programmes and projects of previous governments. The committee Chairman, Senator Dino Melaye, who made this remark at a one-day investigative hearing on the abandonment of N8 billion Code of Conduct Bureau Office headquarters in the National Assembly, said the alarming pace by which projects by the previous governments are abandoned is of great concern to well meaning Nigerians. “As soon as these programmes and projects are abandoned, new ones are initiated only to be abandoned again by yet another successive government. The process continues while the nation’s resources continue to be wasted. “It is instructive to state that this is not so with the developed countries. Projects and programmes, as well as policies are sustained. They place nation’s interest above other considerations. This sutenable policy has yielded positive results as these countries have moved from developing to developed world.” The politician reminded the present administration of its commitment as an advocate of change, and urged the executive arm “to right all administrative wrongs championed by past administrations.” He lamented the rate at which projects across the country were abandoned by successive governments since 1999, saying, “the Senate was utterly dismayed when it received a motion in respect of the abandonment of N8 billion Code of Conduct Bureau office headquarters projects”.
Meanwhile, the Chairman of the Code of Conduct Bureau, Mr. Sam Saba, who came under fire over the bureau’s decision to abandon a building project already budgeted for, was instructed by members of the committee to ensure its completion by ensuring its inclusion in the 2017 budget.
A member of the committee, Senator Francis Alimikhena, objected to the procurement of a new office building for CCB, insisting that the abandonment of the initial building project was an indication that it was conceived to fail. “From the way things were done from the beginning, I think
the project was conceived to fail. In 2010, N3 billion was projected for the project. And then the amount was reviewed in 2012 to N8 billion; that is after spending over N1 billion. You decided to dump the contract and procure the same office building for N4.4 billion. Is this not waste”, the lawmaker queried.